State v. Laws

666 So. 2d 1118, 1995 WL 714687
CourtLouisiana Court of Appeal
DecidedDecember 6, 1995
DocketCR95-593
StatusPublished
Cited by15 cases

This text of 666 So. 2d 1118 (State v. Laws) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Laws, 666 So. 2d 1118, 1995 WL 714687 (La. Ct. App. 1995).

Opinion

666 So.2d 1118 (1995)

STATE of Louisiana, Plaintiff-Appellee,
v.
Hilman LAWS, Defendant-Appellant.

No. CR95-593.

Court of Appeal of Louisiana, Third Circuit.

December 6, 1995.

*1120 Richard Phillip Ieyoub, Lake Charles, Morgan J. Goudeau III, Opelousas, Donald J. Richard, Asst. Dist. Atty., for State.

William Tracy Barstow, Opelousas, for Hilman Laws.

Before KNOLL, THIBODEAUX and AMY, JJ.

KNOLL, Judge.

This appeal concerns Hilman Laws' jury conviction of possession of cocaine with the intent to distribute, a violation of La.R.S. 40:964(A) and 967(A)(1). After reviewing a pre-sentence investigation, the sentencing court sentenced defendant to serve a term of imprisonment of 144 months at hard labor. Defendant appeals, relying on five assignments of error. We affirm.

FACTS

The Opelousas Police Department was given information that illegal drugs were being sold from defendant's apartment on Ballard Street. Darren Ballard, a confidential informant, agreed to aid the department in its investigation. Ballard, supplied with tape recording equipment and marked money for the drug buy, arranged to purchase drugs from defendant's apartment.

At 5:30 a.m. on January 6, 1992, the police accompanied Ballard and hid themselves within sight of the back door of the apartment. The confidential informant met defendant and defendant's friend, Terrance Andrus, on the back porch of defendant's apartment and asked to buy $100 of crack cocaine. After Ballard handed defendant the $100, Andrus gave the cocaine to Ballard. At this point, the police came out of hiding and arrested defendant and Andrus. They found 12 rocks of crack cocaine in a plastic bag on the ground next to Andrus. The $100 of marked drug money was found near the defendant.

In a voluntary statement to the Opelousas Police Department, defendant said:

Jan. 6, 1992 at about 5:45 a.m. I (Hilman), Terrance Andrus, and Trevor Daughtery were at my house at 829 Ballard Street. We were drinking beer in the back bedroom. Terrance walked outside then walked back into the house. Someone knocked at the door. Terrance told me that someone was at the door. I went outside and Terrance followed behind me. There was a guy on my back porch. The guy (last name Ballard) told Terrance that he had a bill (street term for $100.00). Terrance then came out with a bag that had some "rock". The guy (Ballard) said to Terrance, "Fix me up nice". Terrance then told me to hold the money. I grabbed the money flipped it. That's when ya'll (the police) came.

SUFFICIENCY OF THE EVIDENCE

Defendant contends that the evidence was insufficient to support a verdict finding him *1121 guilty of possessing cocaine with the intent to distribute. The State's contention to the jury was that defendant was a principal to the drug transaction between Ballard and Andrus.

When an appellate court examines sufficiency of evidence, the standard of review is whether, viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could conclude, beyond a reasonable doubt, that there was proof of each element of the crime. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). When the conviction is based upon circumstantial evidence, such evidence must exclude every reasonable hypothesis of innocence. La.R.S. 15:438. This is not a stricter standard of review, but it is an evidentiary guide for the jury when it considers circumstantial evidence. State v. Porretto, 468 So.2d 1142 (La.1985). If a case involves circumstantial evidence, and a rational trier of fact reasonably rejects the defendant's hypothesis of innocence, that hypothesis fails; and unless another one creates reasonable doubt, the defendant is guilty. State v. Captville, 448 So.2d 676 (La.1984). Moreover, it is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore the appellate court should not second-guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. State v. Richardson, 425 So.2d 1228 (La. 1983).

To support a conviction of possession of cocaine with the intent to distribute, the State must prove that the defendant knowingly or intentionally possessed the narcotic and that he did so with the intent to distribute it. State v. Pollard, 93-1960 (La. App. 4 Cir. 7/14/94), 640 So.2d 882. Neither the mere presence of the defendant in an area where drugs have been found nor the mere fact that he knows the person in actual possession is sufficient to prove constructive possession. State v. Bell, 566 So.2d 959 (La. 1990). Being a resident of the premises where drugs are found is not in and of itself sufficient to prove constructive possession. Pollard, 640 So.2d 882. Notwithstanding, a person found in the area of contraband can be considered in constructive possession if it is subject to his dominion and control, and each case turns on its particular facts. State v. Trahan, 425 So.2d 1222 (La.1983). The defendant can have constructive possession if he jointly possesses the drugs with a companion and if he willfully and knowingly shares with his companion the right to control of the drugs. Pollard, 640 So.2d 882.

The following factors should be considered in determining whether defendant exercised dominion and control so as to constitute constructive possession: defendant's knowledge that illegal drugs were in the area; the defendant's relationship with the person in actual possession; the defendant's access to the area where the drugs were found; evidence of recent drug use; the defendant's proximity to the drugs; and any evidence that the area was frequented by drug users. Id.

It is well recognized that the State must prove specific intent to distribute. State v. Roberts, 550 So.2d 1254 (La.App. 4 Cir.1989), writ denied, 558 So.2d 599 (La. 1990). Specific intent can be inferred from the circumstances of the transaction. State v. Myre, 502 So.2d 1105 (La.App. 4 Cir.1987).

Factual circumstances from which the intent to distribute a controlled dangerous substance may be inferred include: previous distribution or attempted distribution by the defendant; the presence of paraphernalia for distribution; possession of an amount sufficient to create a presumption of intent to distribute; and packaging in a form usually associated with distribution rather than personal use.

Id. at 1108.

La.R.S. 14:24 defines principals as "[a]ll persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime...." To support a defendant's conviction as a principal, the State must show that the defendant had the requisite mental state for the crime. State v. Brooks, 505 So.2d 714 (La.1987), cert. den., 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d *1122 363 (1987). A defendant may be guilty as a principal in the crime of distribution if he aids and abets in the distribution or indirectly counsels or procures another to distribute the controlled dangerous substance. Pollard, 640 So.2d 882.

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Cite This Page — Counsel Stack

Bluebook (online)
666 So. 2d 1118, 1995 WL 714687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-laws-lactapp-1995.